This case returns to us on remand from the Supreme Court for
reconsideration in light of State v. Henderson, 341 Or 219, 142 P3d 58 (2006). At issue
is whether the trial court erred in denying defendant's motion to suppress evidence that
police officers discovered in defendant's house while executing a search warrant. In our
original opinion, we found that issue to be controlled by our opinion in State v. Henderson, 200 Or App 225, 113 P3d 944 (2005), rev'd, 341 Or 219, 142 P3d 58 (2006),
because, as the state conceded, Henderson involved a challenge on the same basis to the
same search warrant at issue in this case, by a codefendant of defendant. State v. Shorey,
203 Or App 537, 538, 124 P3d 1290 (2005). In Henderson, we had held that the warrant
was not supported by probable cause and reversed and remanded; in our original opinion
in this case, we did the same thing. The Supreme Court, however, subsequently reversed
our decision in Henderson, concluding that the warrant was supported by probable cause.
On reconsideration in light of Henderson, therefore, we now affirm the trial court's denial
of defendant's motion to suppress. In our original opinion, we also rejected defendant's
only other assignment of error. Nothing in Henderson is relevant to that decision, so we
need not revisit it.